[Congressional Record Volume 164, Number 97 (Tuesday, June 12, 2018)]
[House]
[Pages H5042-H5043]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              JESSIE'S LAW

  Mr. WALDEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5009) to include information concerning a patient's opioid 
addiction in certain medical records, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5009

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``Jessie's Law''.

     SEC. 2. INCLUSION OF OPIOID ADDICTION HISTORY IN PATIENT 
                   RECORDS.

       (a) Best Practices.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, in consultation with appropriate stakeholders, 
     including a patient with a history of opioid use disorder, an 
     expert in electronic health records, an expert in the 
     confidentiality of patient health information and records, 
     and a health care provider, shall identify or facilitate the 
     development of best practices regarding--
       (A) the circumstances under which information that a 
     patient has provided to a health care provider regarding such 
     patient's history of opioid use disorder should, only at the 
     patient's request, be prominently displayed in the medical 
     records (including electronic health records) of such 
     patient;
       (B) what constitutes the patient's request for the purpose 
     described in subparagraph (A); and
       (C) the process and methods by which the information should 
     be so displayed.
       (2) Dissemination.--The Secretary shall disseminate the 
     best practices developed under paragraph (1) to health care 
     providers and State agencies.
       (b) Requirements.--In identifying or facilitating the 
     development of best practices under subsection (a), as 
     applicable, the Secretary, in consultation with appropriate 
     stakeholders, shall consider the following:
       (1) The potential for addiction relapse or overdose, 
     including overdose death, when opioid medications are 
     prescribed to a patient recovering from opioid use disorder.
       (2) The benefits of displaying information about a 
     patient's opioid use disorder history in a manner similar to 
     other potentially lethal medical concerns, including drug 
     allergies and contraindications.
       (3) The importance of prominently displaying information 
     about a patient's opioid use disorder when a physician or 
     medical professional is prescribing medication, including 
     methods for avoiding alert fatigue in providers.
       (4) The importance of a variety of appropriate medical 
     professionals, including physicians, nurses, and pharmacists, 
     to have access to information described in this section when 
     prescribing or dispensing opioid medication, consistent with 
     Federal and State laws and regulations.
       (5) The importance of protecting patient privacy, including 
     the requirements related to consent for disclosure of 
     substance use disorder information under all applicable laws 
     and regulations.
       (6) All applicable Federal and State laws and regulations.

     SEC. 3. COMMUNICATION WITH FAMILIES DURING EMERGENCIES.

       (a)  Promoting Awareness of Authorized Disclosures During 
     Emergencies.--The Secretary of Health and Human Services, 
     acting through the Administrator of the Centers for Medicare 
     & Medicaid Services and the Administrator of the Health 
     Resources and Services Administration, shall annually develop 
     and disseminate written materials (electronically or by other 
     means) to health care providers regarding permitted 
     disclosures under Federal health care privacy law during 
     emergencies, including overdoses, of certain health 
     information to families, caregivers, and health care 
     providers.
       (b) Use of Material.--For the purposes of carrying out 
     subsection (a), the Secretary of Health and Human Services 
     may use material produced under section 11004 of the 21st 
     Century Cures Act (42 U.S.C. 1320d-2 note).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. Walden) and the gentleman from New Jersey (Mr. Pallone) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. WALDEN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and to 
insert extraneous materials in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today to express my strong support for H.R. 5009. 
This is known as Jessie's Law, and it is written in memory of Michigan 
resident Jessie Grubb, who tragically died of an opioid overdose in 
2016.
  This legislation will help ensure medical professionals have access 
to a consenting patient's complete health information when making 
treatment decisions. This is critical to ensure that mistakes, such as 
the one that tragically happened to Jessie Grubb, never ever, ever 
happen again.
  This bill also incorporates the language of H.R. 5695, known as 
Emmett's Law, which would require the Department of Health and Human 
Services to develop best practices for healthcare providers on 
permitted disclosures of medical records during emergencies with 
families, caregivers, and other healthcare providers.
  I thank my colleagues from Michigan, Representatives Tim Walberg and 
Debbie Dingell, for leading this important initiative, along with the 
collaboration and support of Representatives Evan Jenkins, Carol Shea-
Porter, Tom MacArthur, Vicky Hartzler, Bob Latta, and  David McKinley. 
They have all put a lot of time and effort into this to solve a problem 
many of us have encountered in our States and our districts.
  Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. 
Walberg), an author of this incredibly important piece of legislation.
  Mr. WALBERG. Mr. Speaker, I thank the chairman for yielding, and I 
thank Congresswoman Debbie Dingell for working with me on this 
bipartisan legislation.
  Mr. Speaker, I rise in support of H.R. 5009, Jessie's Law.
  Everywhere I go in Michigan, I hear about the opioid crisis. It truly 
is the crisis next door. For many of our friends and loved ones, the 
terrifying realities of addiction are difficult to escape.
  The story behind Jessie's Law is a tragic one. The bill is named in 
memory of Jessie Grubb, a young woman living in Michigan at the time 
she died of an opioid overdose. Jessie was training for a marathon when 
a running injury required her to undergo surgery.
  Before the procedure, Jessie and her parents informed the hospital 
that she was in recovery from addiction; however, that information 
never made it to her discharging physician. Jessie was unknowingly 
discharged from the hospital with a prescription for oxycodone, which 
ultimately led to her death. If Jessie's history of addiction had been 
noted on her chart in a manner similar to other potentially lethal 
medical concerns, like a drug allergy, Jessie might still be here 
today.
  Jessie's tragic story was entirely preventable and is an example of 
why we need commonsense legislation like Jessie's Law.
  Jessie's Law will require the Department of Health and Human Services 
to establish best practices for hospitals and physicians for sharing 
information about a patient's past opioid addiction when that 
information is willingly shared by the patients with their doctor. By 
ensuring medical professionals are equipped with the right processes 
and tools to safely treat their patients, we can prevent future 
overdose tragedies like Jessie's.
  Mr. Speaker, the opioid crisis is devastating the dreams of a 
generation. Let's pass Jessie's Law today and help save lives in our 
communities.

                              {time}  1530

  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5009.
  Mr. Speaker, I support H.R. 5009.
  As we know, opioid use a disorder is a medical condition that 
requires lifelong management. Even if someone has completed treatment 
successfully and is in long-term recovery, the risk of relapse remains.

[[Page H5043]]

  A patient recovering from opioid use disorder may visit a healthcare 
provider or require medical interventions that typically result in the 
need to treat pain.
  However, for those affected with opioid use disorder, a prescription 
of an opioid medication could cause individuals to relapse into misuse 
and lead to an overdose or even death.
  H.R. 5009, Jessie's Law, is bipartisan legislation introduced by Rep. 
Walberg (R-MI) and Rep. Dingell (D-MI) that would require the 
Department of Health and Human Services (HHS) to convene appropriate 
stakeholders and develop best practices for displaying opioid use 
disorder history prominently on a patient's medical records, whenever 
requested by a patient.
  This legislation would enable patients suffering from opioid use 
disorder to choose to share their history with opioids with healthcare 
providers and have that information prominently displayed in their 
medical record--allowing for better informed, safer pain management 
care.
  This legislation would also require HHS to annually develop and 
disseminate written materials to health care providers regarding 
permitted disclosures of certain information to families, caregivers, 
and health care providers under Federal health care privacy laws during 
emergencies.
  This will improve the awareness of providers of instances in which 
they may share information about a patient's overdose with their 
family.
  I urge my colleagues to support this legislation.
  Mr. Speaker, I yield such time as she may consume to the gentlewoman 
from Michigan (Mrs. Dingell), one of the sponsors, Mrs. Dingell.
  Mrs. DINGELL. Mr. Speaker, I thank Ranking Member Pallone for 
yielding to me, and I again want to thank Chairman Walden for bringing 
this bill to the floor.
  Mr. Speaker, I rise in support of H.R. 5009, Jessie's Law, and I am 
very proud of the work that I have done with my colleague, Tim Walberg, 
from Michigan. In Michigan, we are really trying to address this 
problem together.
  This story is personal to me, as it is to Congressman Walberg and my 
colleagues who have gotten to know Jessie's story. It has been a moving 
experience to be part of a process to pass this legislation in her 
honor.
  In March 2016, we lost a brave, young woman named Jessie Grubb. She 
was a great student, a loving daughter, a sister, and an avid runner. 
She was, as has been noted, recovering from an opioid addiction issue. 
She moved to Michigan hoping for a reset and a better future.
  When she had surgery for an infection related to a running injury, 
her parents came to take care of her and made it clear to the doctors 
at the hospital that she was a recovering addict and should not be 
prescribed opioids. As you have heard, she was discharged from the 
hospital with 50 oxycodone pills. Very soon after, she suffered from a 
fatal overdose.
  The story of Jessie breaks your heart, mostly because this death was 
preventable. We must ensure that doctors are notified when a patient 
has consented to sharing information related to an addiction.
  Jessie's Law would require that the U.S. Department of Health and 
Human Services establish best practices for ensuring that medical 
professionals have full knowledge of their patient's opioid addiction 
if that patient gives consent.
  This is absolutely essential. If a patient has given their consent 
that their history of substance abuse can be part of their medical 
record, then it should be displayed prominently. We don't know all of 
the facts of this case, but we do know that Jessie's parents did tell 
her doctor that she had a history of substance abuse, and yet they were 
prescribed anyway. We can't have this kind of information lost in the 
jumble of a medical record. If a patient consents, it needs to be 
prominently displayed.
  Our legislation convenes a panel of stakeholders to make 
recommendations as to how to best achieve this change, including a 
patient with a history of opioid use disorder, an expert in electronic 
health records, an expert in the confidentiality of patient health 
information and records, and a healthcare provider.
  Jessie's death was 100 percent preventable. And today, the House of 
Representatives is sending a strong message that her loss was not in 
vain and that no other family should ever have to go through what the 
Grubb family has gone through. This story is a real tragedy. Hopefully, 
passing Jessie's Law will bring hope to the Grubbs and others 
throughout this country.
  This legislation represents a commonsense step that deserves our 
support, and I urge my colleagues to support Jessie's Law.
  Mr. WALDEN. Mr. Speaker, I have no further speakers. I encourage my 
colleagues to support this legislation. I thank the Members from 
Michigan who brought it to our attention, and worked with the full 
Energy and Commerce Committee in bringing it to your disposal here on 
the floor.
  Mr. Speaker, I urge passage, and I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I also urge my colleagues to support this 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Rogers of Kentucky). The question is on 
the motion offered by the gentleman from Oregon (Mr. Walden) that the 
House suspend the rules and pass the bill, H.R. 5009, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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